The Court of Final Appeal recently made a ruling in Poon Chau Nam v. Yim Siu Cheung t/a Yat Cheung Air-conditioning & Electric Co. casting light on determining whether a worker should be treated as an employee or an independent contractor under the Employees Compensation Ordinance ("ECO").This is an appeal case from the District Court and the Court of Appeal. The appellant worker suffered personal injury in a work-related accident at a building ...
First conviction on offence to make false or misleading statement to claim MPF benefitsAccording to section 43E of the Mandatory Provident Fund Schemes Ordinance ("MPFSO"), a person who, in any document given to the MPFA, an approved trustee or an auditor of an approved trustee or of a registered scheme in connection with the MPFSO, makes a statement that the person knows to be false or misleading in a material respect, or recklessly makes a statement which is false or mislea
The Labour Law of the People's Republic of China ("PRC") came into effect on 1 January 1995. The PRC Labour Law sets out the basic legal framework for the administration of employment/labour relationships and is applicable to all labour/employment contracts entered into between a PRC entity (including any foreign invested company) as employer and an individual as employee rendering services in the PRC ...
On January 22, 2007, the Commission des lésions professionnelles (the “Board”) handed down a decision in Harvey et Brasserie Labatt ltée(1) further to a motion for revocation filed by the employer against a decision rendered by a first commissioner ...
According to the Equal Opportunities Commission, 52% of men and 48% of women say they want to work more flexibly and 6.5 million people in the UK could be using their skills more fully if greater flexible working was available. The suggestion is that rigid models of work are driving highly qualified workers into jobs below their skill level in order for them to have a life outside of work ...
The Supreme Court of Canada recently handed down a highly anticipated judgment in McGill University Health Centre (Montreal General Hospital) (the “MUHC”) vs. Syndicat des employés de l’Hôpital Général de Montréal (2007 SCC 4) ...
This paper was prepared for the Pacific Business & Law Institute's 12th Annual Conference on The Essential Tasks of Pension and Benefit Plan Trustees, held in Vancouver, British Columbia on February 20, 2007 Most lawyers are familiar with claims for coverage under disability insurance ...
On November 30, 2006, the Human Rights Tribunal of Quebec released a judgment in which it concluded that a grievance arbitrator did not have jurisdiction over litigation stemming from allegations of employment discrimination. In the case of Commission des droits de la personne et des droits de la jeunesse v ...
Do you offer your employees group insurance? If so, since January 1, 2007, under the Act respecting prescription drug insurance, you must deduct directly from the remuneration paid to each of your employees his or her portion of the premium applicable to the basic prescription drug insurance coverage stipulated in the group insurance contract.The Act respecting prescription drug insurance (R.S.Q., c. A-29 ...
The BC Privacy Commissioner recently issued two decisions which address “employee personal information”, as well as some other issues of interest under the BC Personal Information Protection Act (“PIPA”) ...
Part III of the Canada Labour Code sets out the employment standards minimums for federally regulated employers. It was enacted in 1965 and had not been systematically reviewed since then. In December 2004, the federal government appointed Professor Harry Arthurs, a former Dean of Osgoode Hall Law School, to conduct a comprehensive review of Part III. Professor Arthurs issued his final report (324 pgs) on October 30, 2006 ...
The December 2006 SFC Enforcement Reporter provides a timely reminder that carrying out regulated activities without a licence is a highly risky endeavour in Hong Kong. This caps off a year where there were a number of significant enforcement actions for unlicensed dealing activities ...
Section 316 of the Act respecting industrial accidents and occupational diseases(1) (the “AIAOD”) makes an employer responsible to the CSST for a contractor’s (or subcontractor’s) unpaid assessments in respect of such contractor’s (or subcontractor’s) employees:“316. The Commission may demand payment of the assessment due by a contractor from the employer who retains his services ...
Foreign companies have always complained about the requirements and criteria associated with tendering for domestic infrastructure projects. The conservative attitude and lack of commercial awareness of bureaucrats and discriminatory qualification requirements have all contributed to warding off reputable international companies. Comments made by both the American and the European Chambers of Commerce in recent years have by and large recommended that international tendering be encouraged ...
The “Chiasson”(4) appeal is making headlines as it has the potential to force corporations to review and perhaps re-write their drug-testing policies and procedures.Chiasson dealt with pre-employment drug testing. The Complainant had applied for and was offered a job as a receiving inspector at an oil sands project in Fort McMurray, Alberta. The offer of employment was subject to the results of a pre-employment medical and drug screening test ...
Human Resources and Skills Development/Service Canada (“HRSDC”) recently implemented Regional Occupations Lists (the “Lists”). The Lists are meant to “assist employers who are experiencing difficulty filling job vacancies due to labour market shortages ...
Cory Grams died while at work at a Maple Leaf Metal Industries Ltd. (“Maple Leaf”) plant in Edmonton, Alberta. His parents, as beneficiaries and administrators of his estate, claimed damages against Maple Leaf for $92,000 for negligence in failing to provide insurance coverage under an employment contract. A claim against the insurer, Zurich, was settled prior to trial. Mr ...
Effective December 12, 2006, mandatory retirement will no longer be generally permissible in Ontario, (as a result of amendments to the Ontario Human Rights Code). Employers will, however, still be allowed to enforce mandatory retirement polices if they can show that being younger than 65 (or another designated age) is a bona fide occupational requirement ...
The new LC is based on a different legal conception than the existing LC. Whereas the still valid LC is a mandatory legal regulation with no exceptions, the new code allows that the rights or obligations in labour-law relations are regulated differently than in the Labour Code, unless the code expressly prohibits or unless it results from the nature of the relevant provisions that it is impossible to deviate from such provisions ...
The right to privacy occupies a prominent place in Quebec law. Both the Charter of human rights and freedoms(1) and the Civil Code of Québec(2) recognize this right. Moreover, it is acknowledged that deliberate interception of a private communication may infringe this right. Does this mean that any form of electronic recording in a work environment is prohibited? Absolutely not ...
The new provisions pertaining to psychological harassment that were added to the Act respecting labour standards(1) (hereinafter referred to as the “ARLS”) on June 1, 2004, have given rise to many arbitration awards and interpretations over the last two years that have expounded on the concept of psychological harassment ...
In our Spring 2005 newsletter we reported on the Keays v. Honda Canada Inc.(1) decision in which the Ontario Superior Court of Justice awarded a dismissed employee $500,000 in punitive damages in addition to 24 months salary in lieu of notice (15 months’ reasonable notice plus nine months’ additional “Wallace” damages for “bad faith” dismissal) ...
An employment permit system has recently been implemented for Taiwan, Hong Kong and Macau personnel rendering services in Mainland China.The Administrative Regulations on the Employment of Taiwan, Hong Kong and Macau Residents in Mainland China (“Employment Regulations”) were issued by the PRC Ministry of Labour and Social Security on 14 June 2005 and took effect on 1 October 2005 ...
